4.The background to the applicant’s claim is that he bought a parcel known as KIMILILI/KIMILILI/937 from one Elam Lusweti in the year 1985 and the suit property transferred in his name the same year. Without his knowledge, the 1st Interested party lodged a claim against both the applicant and Elam Lusweti(deceased) before Kimilili District land disputes Tribunal vide KKIB/LDT/26 of 1995. Upon hearing the claimant and the objectors, the panel of Elders agreed with the claimant and awarded the suit land to the claimant whom they said had bought the land earlier than the applicant herein. The award was later adopted by the Magistrate’s Court at Kimilili vide Misc. Application NO. 12 of 1996 and eventually a vesting order was issued. On the strength of the said vesting order, title was issued in favour of Wepukhulu who then became the registered owner of the suit land. In the meantime, dissatisfied with the decision of the Land Disputes Tribunal, Wafubwa sought to challenge it but appears to have breached the timelines for appeal set out under Section 8 of the Lands Disputes Tribunal Act. He was forced to seek leave to lodge an appeal out of time which he was granted by the High Court vide Bungoma Misc. Application NO. 7 of 2003 on 10th June, 2003. Following that leave, Wafubwa filed Civil Appeal No. 94 of 2003 before the Western Province Appeals Committee
5.According to the Ex-parte applicant, he is the rightful owner of land parcel NO. KIMILILI/KIBINGEI/937 which he allegedly bought from one Elam Lusweti in 1985 who had refused to sell and transfer to the Patrick Mulongo, 1st Interested party herein. After failing to transfer the land to the said Patrick Mulongo in 1977, the said Patrick Mulongo took the said Elam Lusweti before Kimilili land disputes Tribunal vide KKLB/LDT/26 of 1995 and the award was subsequently adopted by the Magistrate’s Court Misc.Application NO.12 of 1996 on 31st July 2002 and eventually a vesting order issued in the following terms;
6.On the strength of that vesting order, title was issued in favour of Wepukhulu who then became the registered owner of the suit land.
7.It is clear from the facts stated herein above that the award by the Tribunal which was subsequently adopted by the Magistrate’s Court in Misc.Application NO. 12 of 1996 on 31/07/2002 has not been set discharged, vacated or set aside to date. It is alleged that Elam Lusweti filed an appeal against the said order at kakamega High Court in HCCA 13 of 1989. However, no outcome of the said Appeal has been availed to this Court.
8.In the meantime, the Ex-parte Applicant filed a suit vide a plaint dated 19th November, 2014 against Patrick Mulongo Nyongesa, the 1st interested party herein which claim was dismissed by HON. Justice S.MUKUNYA on 13/12/2017. Aggrieved by the said decision, the Ex-parte Applicant preferred an appeal at Eldoret being C.A No. 64 of 2018 which appeal was also dismissed with costs.
9.What the Ex-parte Applicant is now seeking is to challenge the decisions of competent Superior courts by way of judicial Review. Order 53 Rule 2 provides as follows;
10.From the materials placed before me, it is clear that the order which the Ex-parte Applicant is seeking to challenge by way of these judicial proceedings was delivered on 18th May, 2022. From the date the impugned order was issued and the date the present application was filed is more than six months. No leave was sought and obtained by the Ex-parte Applicant before filing this suit.
11.I also not that the decision which the Ex-parte Applicant seeks to challenge by way of Judicial Review is an order of a Court of competent jurisdiction where appeal mechanisms are provided under the law. In the case of Republic v National Environment Management Authority Ex-parte Sound Equipment Limited (2011) KLR, the Court of Appeal observed thus;
12.Again in Secretary, County Public Service Board & Another v Hulbhai Gedi Abdille(2017) KLR, the Court held that;
13.I agree entirely with the above decisions by the Court of Appeal which are binding on me.
14.In view of the matter aforesaid, I find the Chamber Summons application dated 7th December 2022 without merit and the same is hereby dismissed with costs.